Sec. 1. (a) Except as provided in subsection (b), the governing body may determine and impose rates and charges of the district based on the following:

(1) A flat charge for each system.

Terms Used In Indiana Code 36-11-9-1

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
(2) Variable charges based on the capacity of a system.

(3) Other factors that the governing body determines are necessary to establish just and equitable rates and charges.

     (b) In:

(1) a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000); and

(2) a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000);

rates and charges may be imposed or changed under this chapter only after approval by the county legislative body.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended by P.L.119-2012, SEC.246; P.L.104-2022, SEC.226.

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